DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4703-10
2 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 March 2011. The names and votes of the members
of the panel will be furnished upon request. Your allegations of
error and injustice were reviewed in accordance with
administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 18 June 1974 at age 20 and
served without disciplinary incident until 24 January 1975, when
you received nonjudicial punishment (NUP) for a 100 day period of
unauthorized absence (UA). Shortly thereafter, on 27 January
1975, you began another period of UA. You were also in a UA
status on 3 May 1975 and from 19 May to 15 Octeber 1975.
Although you were twice declared a deserter, only the UA charges
were referred for trial.
As a result of the foregoing, on 7 November 1975, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial for the foregoing three periods of
UA totalling 240 days. Prior to submitting this request you
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the probable adverse
consequences of accepting such a discharge. Subsequently, your
request was granted and the commanding officer was directed to
issue you an other than honorable discharge by reason of the good
of the service. As a result of this action, you were spared the
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor. On 25
November 1975 you were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge for medical
reasons. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your frequent and lengthy periods
of UA from the Marine Corps, which also resulted in NUP and your
request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
concludéd that yousreceived the benefit of your bargain with the
Marine ‘Corps when Your request for discharge was granted and you
should not be permitted to change it now. Accordingly, your
applicatidn has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
boos’
W. DEAN P FRRR
Executive Di or
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